Dr. M. Patel

The Crown applied for a treatment order under s. 672.58 of the Criminal Code after the accused, who suffered from schizophrenia, was found unfit to stand trial.

The judge declined to make the order because the accused did not consent to treatment, preferring the civil provincial regime.

The Crown sought certiorari to quash the decision.

The Superior Court found that while the judge erred in law by allowing the accused's lack of consent to override the statutory purpose of the treatment order, the error was not jurisdictional.

The application for certiorari was dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including medical, caregiver, and housekeeping benefits.

The insurer denied certain treatment plans and terminated the weekly benefits.

The arbitrator found that the chiropractic treatment incurred up to June 30, 2005, was reasonable and necessary, awarding $2,509.00 for medical benefits.

However, the claims for caregiver and housekeeping benefits were dismissed, as the applicant was not the primary caregiver and any substantial inability to perform housekeeping tasks had resolved prior to the termination of benefits.